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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2214
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi. Im sure youre aware of my situation with my girlfriend

Resolved Question:

Hi. I'm sure you're aware of my situation with my girlfriend as you've answered some questions already earlier yesterday. What do you advise me to do step by step in order for her and her daughter to live with me here in the UK, work as self employed (or ltd company) and her daughter to go to school.
I am going to apply for a place in 2 schools in May so that we know which she could get meaning she will need to travel to the UK in a few weeks. I hope her 13 year old daughter who will be travelling either with me or on her own should not have any trouble entering the country as there is no risk of her looking for work which seems to be UKBA's main concern. Once here, I will deal with the school placement. But as with the above, once my girlfriend comes immediately after the 1. July what should we do to secure her right to reside with some kind of document, residency card, NI number so she can work as self employed or open a Ltd company. This 3 month stay that you mentioned really confuses me//I really don't want them to have to leave the uk every 3 months to come back again if that what the rule implies. Please explain it to me in most important steps to take. I'm asking as a new question so you can get credited for it appropriately but explain in as much detail. Many thanks.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

After 1 July 2013, Croatian nationals will no longer be subject to immigration control and will have an unrestricted right to enter and reside (but not to work) in the UK for up to 3 months. They will therefore no longer require leave to enter or remain in the UK, whether or not they intend to take employment.

In principle, any Croatian national who intends to take employment in the United Kingdom will be subject to the work authorisation requirement. As previously mentioned work aurthorisation will be the same as what is required by Bulgarian and Romanian nationals at this time.

Croatian nationals filling skilled vacancies will therefore be able to qualify for an accession worker registration certificate. Accession worker certificate is what Bulgarian and Romanian nationals are required to obtain before undertaking employment in the UK. Please see following link, as you will note as Croatian nationals have not yet become part of the EU they are not mentioned in the link:

http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/work-permits/applying/

Firstly the Croatian national, will need to apply for an employer to be issued with a valid Certificate of Sponsorship under Tier 2 of the Points Based System.

The issuance of an accession worker registration certificate will be subject to a Resident Labour Market Test. A resident labour market test is where the employer will have to advertise the vacancy to person present and settled in the UK ie on indefinite leave to remain or British nationals for 28 days. Once they have advertised and are unable to fill in the vacancy , the employer can then accept applications from foreign nationals.

A resident labour market test does not need to undertaken where the worker is to be employed in an occupation on the Shortage Occupation List please see the following link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlistnov11.pdf, or where their salary exceeds £150,000 or where they have graduated in the UK. The skills threshold applied to Croatian nationals of the PBS will be NQF Level 4. This will all need to be undertaken by the employer, but your partner must only apply for a job title which is at an NQF level 4 or above.

However, the following (this is not an exhaustive list at this stage) will be exempt from the requirement:

• those Croatian nationals who are legally present in the UK on the date of accession and who, on that date, are not subject to any restrictions on working (for example, those Croatian nationals who have already been granted settlement in the UK);

• those Croatian nationals who are legally working in the UK on the date of accession and have been legally working for an uninterrupted period of 12 months ending on that date;

• those Croatian nationals who work legally for an uninterrupted period of 12 months falling partly or wholly after the date of accession;

• those Croatian nationals who are also a national of the UK or of another Member State whose nationals are not subject to similar restrictions;

• those Croatian nationals who are also the spouse or civil partner of a national of the UK or the family member of an EEA national who has a right to reside in the UK, except where that EEA national is subject to work authorisation;

• those Croatian nationals who are posted to the UK by a business established on the territory of another Member State.

Croatian nationals who are fall in one of the above exemptions will not be required to seek permission from the Home office prior to obtaining employment in the UK.

You partner should therefore do the following:

1. She would need to firstly apply for employment either prior to applying or once she has entered the UK. She should ensure that the employer has a sponsorship licence and is able to sponsor foreign nationals from outside the UK. If not the employer will need to apply for a sponsorship licence.

2. She should ensure that the Job title she is applying for is at least NQF level 4 or above.

3. Once the employer has been granted an sponsorship licence they would then need to undertake a resident labour market test for 28 days , UNLESS the job title is contained in the occupational shortage list as stated above.

4. Once the resident labour market test has been undertaken the employer will then need to apply for a certificate of sponsorship enclosing the evidence of advertising the vacancy for 28 days

5. Once they have obtained the certificate of sponsorship the employer will need your partners details ie name, nationality, passport number to assign the certificate of sponsorship to your partner so it will be attached to her.

6. Once the certificate of sponsorship has been assigned, your partner will then use the certificate of sponsorship which is a unique number, to apply for an accession worker card. Using the following link:

http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/work-permits/applying/

7. Once she have received the accession worker card she may work with the employer.

8. As noted above, a Croatian national who completes an uninterrupted period of 12 months in authorised employment will cease to be subject to the work authorisation requirement and will be entitled (but not required), at that point, to apply for a registration certificate confirming that he or she has free access to the labour market.

She will after 12 months of having been employed will be able to work for any employer without permission from the home office or the employer having need of a sponsorship licence, she may work for whom she pleases.

After she completes 5 years in the UK she can then apply for permanent residency and thereafter British citizenship.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

I'm sorry I am persistent, but I have to point out she will NOT be applying for a job with an employer, she will be either self-employed or will open a Ltd company. That's the procedure I am interested in.


Also, can she stay with me without limits regardless whether she works or not, that's all.The UKBA points you mentioned about 3 months visiting is a concern. If she can reside for up to 3 months, how can I increase that period.


Also the issue regarding her daughter and education. Can she go to school here? Please explain these to me in simple layman's terms without links to the complicated UKBA explanations on their website.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply. That is absolutely fine I am sorry I did not answer your exact questions in my previous answer.

1. Work in a self-employed capacity will not be subject to work authorisation because the terms of the Accession Treaty do not permit the UK to restrict the exercise of rights of free movement for the purposes of establishment. Those exercising a right to reside as a self-employed person (or as a self-sufficient person) will, however, be subject to work authorisation in the event that they go on to engage in work in an employed capacity.

She will be free to set up as self-employed and will not require any prior permission. She may be self employed and work where and with whom she wishes.

2. If she can show that she is self-sufficient then she can also remain in the UK for over 3 months this means that provided she can show that she is being supported by a family member she can remain in the UK without obtaining any permission.

3. She can only remain in the UK for 3 months, without working in the UK, if she wishes to remain in the UK for a longer period she must be working, studying or self sufficient.

4. Once her daughter arrives to the UK she will be able to enroll in education until the ages of 16, this will be something the child will have a right to regardless of the parents immigration status.

I hope this is a closer answer to what you were looking for.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 2214
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks, XXXXX XXXXX to me now :)


 


2. If she can show that she is self-sufficient then she can also remain in the UK for over 3 months this means that provided she can show that she is being supported by a family member she can remain in the UK without obtaining any permission.


 


Just to make sure, at what point and who does she need to show or tell that she is with a family member: when she enters the first time in July to the immigration officials or after the 3 months does she contact the home office, how does that part work?


That's all :)

Expert:  UK_Lawyer replied 1 year ago.
Thank you, XXXXX XXXXX have answered your query.

Just to clarify self sufficient means:

The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as 'sufficient resources'. The personal situation of each applicant will be taken into account by the home office.

Therefore, it does not have to be a family member, and she does not have to inform the Home Office. Provided she has comprehensive sickness insurance and provided she is not claiming benefits she may remain in the UK beyond the 3 months.

The following link explains what is required in respect of sickness insurance:

http://www.ukba.homeoffice.gov.uk/eucitizens/rightsandresponsibilites/healthcare/

I hope this clarifies the matter.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2214
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Me - happy :) In a nutshell, she (they) can stay with me, if she wants to work as self-employed she can, daughter can go to school. That's the most important to me :):)


THANK YOU!!

Expert:  UK_Lawyer replied 1 year ago.
Excellent, I am glad that I can be of assistance. Should you need any further clarification in the future do not hesitate to ask.

Have a great summer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2214
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Another quick note: when her daughter comes over in May after she finishes school there, she will travel with me (with her mother's official authorisation of course).


I have been subjected to persistent checks every time since last september when her mother was refused entry. The IO at Dunkirk told me last week that when my passport is scanned it comes up with a big warning to "check my boot if I'm smuggling someone" and they extensively checked my passport when I was travelling by plane last month too.


My worry is if I travel with her daughter (my step-daughter to be) and I get stopped for their extensive checks, could the IO cause us trouble? She is coming on a 6 week holiday as far as they are concerned with me and she will not look for a job which seems to be their biggest concern..do you have any advice or thoughts on that one?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

I would recommend that you obtained an affidavit from the mother in respect of her granting permission to enter the uk. You should ensure that this is drafted by a notary public and has the mother's passport attached to the affidavit.

If the immigration officers are rigorous checking your entry to the UK then this would be the best evidence in respect of accompanying a minor.

I hope this answers your question.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2214
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

First part - already sorted and dealt with by notary/court letter with official translation too. That is not so much of an issue.


 


I'm more concerned about whether they would refuse entry to my step-daughter..would they have any grounds to do so in your opinion?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

No not at all , they should not prevent her from entering the uk if you have the parents authorisation. She would be an eu national and should not be denied entrance. I do not see any reason for them to refuse.

Kind regards
Customer: replied 1 year ago.

Apologies, I think you misunderstood me because I didn't highlight the fact that my step-daughter would travelling over to the UK with me BEFORE Croatia's entry on the 1.July, during May. My mistake, should have highlighted that.I only mentioned it once, at the top - sorry:


 



Tuesday, April 16, 2013 4:08 PM (GMT/GMT)



"Another quick note: when her daughter comes over in May after she finishes school there, she will travel with me (with her mother's official authorisation of course)."


So the question still remains:
Should we have anything to worry about considering the extensive checks I am put through every time?


I'm more concerned about whether they would refuse entry to my step-daughter..would they have any grounds to do so in your opinion?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply. I also apologize for my oversight.

It does seem strange that the IO would undertake such rigorous checks just because you have tried extensively to be with your partner.

It should not be a problem in my opinion, if she is allowed to enter the country by having the correct passport/and or correct visa (which ever the case maybe) then the IO should not have any grounds to refuse entry.

Having said that they may ask you more questions than usually simply because you may have popped up on their radar, but strictly speaking you should not have any problems. It seems to me that by having notary/court letter with official translation, is more than adequate to lay to rest any fears of you bringing the child to the UK without her mothers consent.

I do not foresee any issues with your step daughter accompanying you to the UK, any hindrance cause by the IO should only be in the form of questions and nothing more.

I hope this clarifies the matter.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2214
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you

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